Current Status Bill Number:4412 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980114 Primary Sponsor:Kelley All Sponsors:Kelley, Sandifer, Woodrum, Barfield, Robinson, Edge, Keegan, Cotty, Witherspoon, Riser, Barrett, Knotts Drafted Document Number:dka\4706cm.98 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Personal recognizance bond, magistrate or municipal court offense, posting of; Courts
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19980205 Introduced, read first time, 11 SJ referred to Committee House 19980204 Read third time, sent to Senate House 19980203 Read second time House 19980203 Co-Sponsor added (Rule 5.2) by Rep. Knotts House 19980128 Committee report: Favorable 25 HJ House 19980114 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
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COMMITTEE REPORT
January 28, 1998
H. 4412
Introduced by Reps. Kelley, Sandifer, Woodrum, Barfield, Robinson, Edge, Keegan, Cotty, Witherspoon, Riser and Barrett
S. Printed 1/28/98--H.
Read the first time January 14, 1998.
To whom was referred a Bill (H. 4412), to amend Section 17-15-10, Code of Laws of South Carolina, 1976, relating to release on personal recognizance, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
JAMES H. HARRISON, for Committee.
TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE ON PERSONAL RECOGNIZANCE, SO AS TO PROVIDE THAT A PERSON CHARGED WITH A MAGISTRATE'S COURT OR MUNICIPAL COURT OFFENSE MAY WAIVE HIS APPEARANCE BEFORE THE COURT AND POST A BOND IN AN AMOUNT PREVIOUSLY APPROVED BY THE COURT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-15-10 of the 1976 Code is amended to read:
"Section 17-15-10. (A) Any A person charged with a noncapital offense triable in either the magistrate's court, county municipal court, or circuit court, shall, at his appearance before any of such courts either court, be must be ordered released pending trial on his own recognizance without surety in an amount specified by the court, unless the court determines in its discretion that such a release will not reasonably assure the appearance of the person as required, or unreasonable danger to the community will result. If such a this determination is made by the court, it may impose any one or more of the following conditions of release:
(a)(1) require the execution of an appearance bond in a specified amount with good and sufficient surety or sureties approved by the court;
(b)(2) place the person in the custody of a designated person or organization agreeing to supervise him;
(c)(3) place restrictions on the travel, association, or place of abode of the person during the period of release;
(d)(4) impose any other conditions deemed reasonably necessary to assure appearance as required, including a condition that the person return to custody after specified hours.
(B) A person charged with an offense triable in magistrate's court or municipal court may waive his appearance before the court and post a bond in an amount that has been approved previously by the court for the charged offense. This provision does not limit the State to demand a full bond hearing before a judicial officer."
SECTION 2. This act takes effect upon approval by the Governor.